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HomeMy WebLinkAbout2618ORDINANCE NO. 1/ AN ORDINANCE of the City of Kent, Washington, relating to the Towne, et al. v. the City of Kent, King County Cause No. 80-2-02248-2; authorizing the City Attorney to enter into a settlement agreement; authorizing the Police Department to expend'$31,200.00 pursuant thereto. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Attorney be and he is hereby authorized to enter into a settlement agreement iri Towne, et al. v. the City of Kent, King County Cause No. 80-2-02248-2. Section 2. The Police Department is authorized to expend $31,200.00 in furtherance of the settlement authorized in r Section 1, hereof. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSUV, CITY CLERK APPROVED AS TO FORM: P. STE-PHEN DiJULI , CITY ATTORNEY rassED the day of1986. ^� APPROVED the day of 1986. PUBLISHED the oZt day of , 1986. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. 03370-130 (SEAL) MARIE JE, CITY CLERK - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY JAMES D. TOWNE, JR., et al. ) Plaintiffs, ) V. ) CITY OF KENT, a municipal ) corporation, Defendant. ) NO. 80-2-02248-2 SETTLEMENT AGREEMENT I. RECITALS 1.1 The parties to this proceeding desire to settle the claims in this case. 1.2 Additionally, certain officers whose case was dismissed in Miller, et al. v. Kent Civil Service Commission, King County Cause No. 82-2-14663-3 are desirous of resolving any question or claims that may be present or remaining following the dismissal of said cause. 1.3 The parties have reached an agreement that provides for the payment of $100 per month for the number of months for which advanced salary step increases were alledged to be denied b} the City. P. STEPHEN DIJULIO KENT CITY ATTORNEY 220 FOURTH AVENUE SOUTH KENT. WASHINGTON 98032 872-3340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. OFFICER ELIGIBILITY 2.1 The following named plaintiffs herein shall be entitled to $100 for each month set forth following their name: R. M. Holt 6 months M. P. Sweeney 18 months L. R. Britton 18 months M. E. Damitio 6 months W. E. Ross 18 months R. H. Burwell 9 months J. M. Miller 18 months R. E. Miller 18 months S. W. Ohlde 8 months R. G. Price 1 month M. E. Gustafson 18 months R. M. Boone 18 months J. B. Towne 18 months B. R. Jones 6 months C. P. Dougherty 18 months E. J. Quitiquit 18 months S. B. Koransky 18 months 2.2 The following named individuals, plaintiffs in Miller, et al. v. Kent, shall be entitled to $100 for each month set forth following their name. D. Winters 6 months G. Murray 18 months B. Harvey 18 months R. Cline 18 months S. Somers 18 months. 2.3 Officers ineligible pursuant to the claim of 80-2-02248-2 are A. J. Paulson and D. L. Houver, whose claim has been dismissed pursuant to Order of Partial Summary Judgment entered on March , 1986. III. CITY PAYMENT For and in consideration of this Settlement Agreement, the City of Kent shall pay $100 for each month identified above, pursuant to separate payroll check, to each of the officers above identified. SETTLEMENT AGREEMENT - 2 P. STEPHEN DIJULIO KENT CITY ATTORNEY 220 FOURTH AVENUE SOUTH KENT. WASHINGTON 98032 872-3340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15, 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. RELEASE In consideration of the City's payment as identified in Section III above, the undersigned, do hereby release and forever discharge the City of Kent, the Kent Civil Service Commission, and all elected and appointed officials, officers, agents and employees of and from all claims, demands, damages, actions or causes of actions or to result from the claims in King County Cause No. 80-2-02248-2 and King County Cause No. 82-2-14663-3. It is understood and agreed that this is a full and final release and full compromise settlement of all claims of every nature and kind whatsoever, and releases all claims whether known or unknown; suspected or unsuspected. Each of the undersigned states that this release has been read by and is signed as the free act and deed of such undersigned individual plaintiff. DATED THIS day of P. STEPHEN DiJULIO CITY ATTORNEY ATTORNEY FOR DEFENDANT R. M. HOLT L. R. BRITTON W. E. ROSS J. M. MILLER SETTLEMENT AGREEMENT - 3 , 1986. STUART B. KOCH ATTORNEY AT LAW ATTORNEY FOR PLAINTIFFS M. P. SWEENEY M. E. DAMITIO R. H. BURWELL R. E. MILLER P. STEPHEN DIJULIO KENT CITY ATTORNEY 220 FOURTH AVENUE SOUTH KENT. WASHINGTON 98032 872.3340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S. W. OHLDE R. G. PRICE M. E. GUSTAFSON R. M. BOONE J. B. TOWNE B. R. JONES C. P. DOUGHERTY E. J. QUITIQUIT S. B. KORANSKY D. WINTERS G. MURRAY B. HARVEY R. CLINE 2034L -5L SETTLEMENT AGREEMENT - 4 P. STEPHEN DIJULIO KENT CITY ATTORNEY 220 FOURTH AVENUE SOUTH KENT- WASHINGTON 98032 872-3340